NATIONAL BISCUIT CO. v. BAEHR BROS.


203 Pa.Super. 133 (1964)

National Biscuit Company v. Baehr Brothers, Appellant.

Superior Court of Pennsylvania.

April 14, 1964.


Attorney(s) appearing for the Case

Gerald J. Haas, with him John S. Bernheimer, for appellant.

Robert S. Ryan, with him Drinker, Biddle & Reath, for appellee.

Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.


OPINION BY ERVIN, J., April 14, 1964:

The only question raised by this appeal is whether the landlord or the tenant is responsible for repairing certain incinerators. Plaintiff, National Biscuit Company (N.B.C.), seeks to recover the cost of replacing incinerators at each of three warehouses built and leased by the defendant, Baehr Brothers (Baehr), for the specific use of N.B.C. The three warehouses were built by Baehr and leased to N.B.C. by three written leases...

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